Fed. Trade Comm'n, Policy Concerning Disclosures of Nonmerger Competition and Consumer Protection Investigations (Nov. 13, 1998)
1. Eggemeyer Advisory Corp., Castle Creek Capital, LLC, Castle Creek Capital Partners Fund-I, LP, all of Rancho Santa Fe, California; to acquire more than 5 percent of the voting shares of PNB Financial Group, Newport Beach, California, and thereby indirectly acquire Pacific National Bank, Newport Beach, California.
2. Western Bancorp, Newport Beach, California; to acquire 100 percent of the voting shares of PNB Financial Group, Newport Beach, California, and thereby indirectly acquire Pacific National Bank, Newport Beach, California.
Board of Governors of the Federal Reserve System, November 9, 1998.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 98-30439 Filed 11-12-98; 8:45 am]
BILLING CODE 6210-01-P
AGENCY HOLDING THE MEETING: Board of Governors of the Federal Reserve System.
TIME AND DATE: 10:00 a.m., Thursday, November 19, 1998.
PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, N.W., Washington, D.C. 20551.
STATUS: Closed.
1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees.
2. Any matters carried forward from a previously announced meeting.
CONTACT PERSON FOR MORE INFORMATION: Lynn S. Fox, Assistant to the Board; 202-452-3204.
SUPPLEMENTARY INFORMATION: You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at http://www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting.
Dated: November 10, 1998.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 98-30612 Filed 11-10-98; 3:53 pm]
BILLING CODE 6210-01-P
AGENCY: Federal Trade Commission.
ACTION: Notice of revised policy.
SUMMARY: The Federal Trade Commission is revising its policy concerning disclosure of investigations. The Commission's policy, subject to specified exceptions, is to conduct its investigations on a nonpublic basis. The revised policy permits limited disclosures about nonmerger investigations where: A target has publicly disclosed the relevant information in either a press release or a filing with a government agency; or the investigation or the practice has received substantial publicity and the disclosure does not identify a target that has not already disclosed its own identity. Inquiries seeking disclosure under this authority should be addressed to the Commission's Office of Public Affairs.
EFFECTIVE DATE: The policy is effective on November 13, 1998. The Commission will, however, accept comments on the policy that are received on or before December 14, 1998 and may re-evaluate the policy in light of those comments.
Victoria A. Streitfeld, Office of Public Affairs, 202-326-2718, or Debra A. Valentine, General Counsel, 202-326-2481.
Commission policy is to hold confidential the existence and targets of law enforcement investigations until the Commission issues an administrative complaint, authorizes or files a judicial complaint, announces a proposed settlement, or closes a matter. See 42 FR 64135 (1977). The Commission believes generally that public disclosure of pending investigations and identification of targets before the Commission has had an opportunity to weigh the evidence may unjustifiably harm the companies investigated and interfere with the conduct and successful resolution of such matters. However, the Commission's policy has long included exceptions for disclosure of industrywide investigations and of investigations that involve significant risk of economic harm or risk to public health or safety. Id. More recently, the Commission announced a further exception that permits its Office of Public Affairs ("OPA") to disclose that the agency is investigating a merger or similar transaction where a party to the underlying transaction had announced
it in a press release or a public filing with a governmental body. 62 FR 18630 (1977).¹
The first aspect of the modified policy applies if a target has publicly disclosed, in either a press release or a filing with a government agency, that it is the subject of a nonmerger investigation. In such cases, OPA could: (1) Confirm information that the target has already disclosed, to the extent that such information bears on the investigation of that target, and (2) with the approval of a Director or Deputy Director of the Bureau of Competition or Consumer Protection, disclose limited additional information about the general nature and scope of the investigation. These limited additional disclosures, which might be needed to correct misimpressions, could not identify additional targets that have not already identified themselves. This aspect of the policy contemplates, for example, disclosures that the Commission is investigating competitive practices in a particular industrial sector or that it is investigating a type of claim for a particular category of product. It also permits disclosure, in appropriate cases, of whether an investigation is wide-ranging or narrow in scope.
The second aspect of the modified policy permits OPA to make limited disclosures about the general nature and scope of a nonmerger investigation in unusual cases where there has been substantial publicity about the investigation or the underlying practice. See Also United States Attorneys' Manual (1997) Ch. 1-7.530 (allowing comments about an investigation in "unusual circumstances" where a matter has received substantial publicity). These limited disclosures of the general nature and scope of an investigation, like the disclosures contemplated above, are permitted only if approved by the relevant Bureau Director or Deputy Director. As a general rule, "substantial publicity" consists of, among other things, significant factual material concerning the investigation or the underlying practice that has appeared in the print or electronic media. By contrast, "substantial publicity" does not include mere rumors or statements, for which journalists seek confirmation by the Commission, that have not already been independently corroborated by significant coverage in the print or electronic media.
In addition, where an investigation can be disclosed under the conditions
¹ An investigation may also be disclosed because of a petition to limit or quash compulsory process. See 16 CFR 4.9(b)(4).
set forth above and the recipient of compulsory process announces that the Commission has issued such process, the policy permits confirmation of such process.
Nothing in this notice shall be construed as modifying the authority of the Commission (as opposed to the Commission's staff) to make appropriate disclosures concerning nonpublic investigations whenever it determines that doing so would be in the public interest. The Commission will continue to keep confidential, as appropriate under its existing laws and policies, nonpublic information submitted to the agency.
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 98-30372 Filed 11-12-98; 8:45 am]
BILLING CODE 6750-01-M
[HCFA-R-257]
AGENCY: Health Care Financing Administration, HHS.
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Health Care Financing Administration (HCFA), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
(1) Type of Information Collection Request: Revision of a currently approved collection;
Title of Information Collection: Medicare+Choice Disenrollment Form.
Form Nos.: HCFA-R-257 (OMB# 0938-0741).
Use: The primary purpose of the form is to receive and process the beneficiary's request for disenrollment from a Medicare+Choice plan and to return to original (fee-for-service) Medicare. The secondary purpose of the new form is to obtain the reason for the disenrollment, for analysis and reporting.
Frequency: As requested by beneficiary;
Affected Public: Individuals or households, Business or other for-profit, Not-for-profit institutions, and Federal government;
Number of Respondents: 60,000 annually;
Total Annual Responses: 20,000 in first year, 60,000 thereafter;
Total Annual Hours: 3,960.
(2) Type of Information Collection Request: Revision of a currently approved collection;
Title of Information Collection: Information Collection Requirements in HSQ-108-F Assumption of Responsibilities and Supporting Regulations in 42 CFR 412.44, 412.46, 431.630, 456.654, 466.71, 466.73, 466.74, and 466.78;
Form No.: HCFA-R-0071 (OMB# 0938-0445);
Use: This purpose of this collection is to create the Utilization and Quality Control Peer Review Organization (PRO) program which replaces the Professional Standards Review Organization (PSRO) program and streamlines peer review activities. This rule outlines the review functions to be performed by the PRO and outlines the relationships among PROs, providers, practitioners, beneficiaries, fiscal intermediaries, and carriers.
Frequency: Other, as needed;
Affected Public: Business or other for-profit;
Number of Respondents: 53;
Total Annual Responses: 880;
Total Annual Hours: 46,653.
(3) Type of Information Collection Request: Extension of a currently approved collection;
Title of Information Collection: Sole Community Home Health Agencies (HHA) and Supporting Regulations in 42 CFR Section 424.22;
Form No.: HCFA-R-0085 (OMB# 0938-0489);
Use: These regulations implement the rules for participation of HHAs in Medicare and the establishment and review of plans of care for home health services. These regulations make it easier for certain HHAs to meet certification and plan of care requirements.
Frequency: Annually;
Affected Public: Business or other for-profit and not-for-profit institutions;
Number of Respondents: 20;
Total Annual Responses: 20;
Total Annual Hours: 40.
To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access HCFA's Web Site address at http://www.hcfa.gov/regs/prdact95.htm, or E-mail your request, including your address, phone number, OMB number, and HCFA document identifier, to Paperwork@hcfa.gov, or call the Reports Clearance Office on (410) 786-1326. Written comments and recommendations for the proposed information collections must be mailed within 60 days of this notice directly to the HCFA Paperwork Clearance Officer designated at the following address: HCFA, Office of Information Services, Security and Standards Group, Division of HCFA Enterprise Standards, Attention: Dawn Willingham, Room N2-14-26, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.
Dated: November 15, 1998.
John P. Burke III,
HCFA Reports Clearance Officer, HCFA Office of Information Services, Security and Standards Group, Division of HCFA Enterprise Standards.
[FR Doc. 98-30429 Filed 11-12-98; 8:45 am]
BILLING CODE 4120-03-P
AGENCY: Rehabilitation Medicine Department, NIHCC, NIH, DHHS.
ACTION: Notice of a Cooperative Research and Development Agreement (CRADA) opportunity.
SUMMARY: The Rehabilitation Medicine Department, Speech-Language Pathology Section, of the National Institutes of Health Clinical Center (NIHCC), seeks a Cooperative Research and Development Agreement (CRADA) with one or more collaborators in the ultrasound imaging or related technology fields. The purpose of the collaboration will be to develop a method to examine the movements of the oral pharynx including the tongue base, pharynx, and soft palate during